JUSTICE COATS delivered the Opinion of the Court.
¶ 1 The Department of Corrections appealed directly to this court from an order of the district court granting Ankeney habeas corpus relief. Complying with a remand order of the court of appeals from an earlier appeal, the district court interpreted various
¶ 2 Because the lower courts erroneously concluded that for inmates convicted of crimes committed after July 1, 1993, good time credits awardable by section 17-22.5-301, C.R.S. (2014), are to be applied against an inmate's mandatory release date rather than merely to determine his parole eligibility; and because a proper application of the statutory deductions from his sentence to which Ankeney is entitled demonstrates that he has not completed service of his required term of parole, the judgment of the district court is reversed.
¶ 3 Randal Ankeney was convicted of, among other things, class four felony child abuse, for which he was sentenced on January 4, 2008 to a prison term of eight years plus three years of statutorily mandated parole.
¶ 4 On January 27, 2012, almost four years before the date upon which the department initially calculated his release from prison to be required, Ankeney filed a pleading in the district court combining a petition for a writ of habeas corpus and a complaint for relief in the nature of mandamus. His pleading sought an order compelling the recalculation of his mandatory release date and, based on that recalculation, his immediate release from the custody of the department. In this pleading Ankeney asserted that he was statutorily entitled to good time and earned time credits beyond the credits allowed by the department and, importantly, that all of the good time and earned time credits to which he claimed entitlement should have been applied not only to determine the date on which he would become eligible to be considered for parole, but also to the calculation of his mandatory release from prison. According to his own calculations, his release from prison to begin serving his three-year term of parole became mandatory on November 19, 2011. The district court agreed with the department's statutory interpretation, denied habeas relief, and dismissed the complaint for relief in the nature of mandamus.
¶ 5 On direct appeal from that order, the intermediate appellate court reversed and remanded for reconsideration of Ankeney's claims for both mandamus and habeas relief.
¶ 6 The department chose not to petition this court for further review of that judgment after determining that Ankeney was entitled to be released to parole notwithstanding the court of appeals' judgment based solely on his accrual of earned time credits pursuant to section 17-22.5-405, C.R.S. (2014), which, unlike Ankeney's claim to good time and education earned time, the department did not dispute as applying toward Ankeney's mandatory release date. See § 17-22.5-402(2), C.R.S. (2014) (providing that the full term of an inmate's sentence shall be reduced by any earned time granted pursuant to section 17-22.5-405). Based on Ankeney's earned time credits, the department recalculated his mandatory release date as August 28, 2013 and released him from prison on that date to begin serving his three-year statutorily mandated period of parole.
¶ 7 After permitting Ankeney to amend his pleading to account for the fact that he had since been released to parole, the district court implemented what it understood to be the mandate of the court of appeals and found that Ankeney should have been released from prison to parole on October 28, 2010. Apparently assuming that the period during which he remained unlawfully incarcerated must be credited against his three-year parole period, the district court additionally found that he should have been released from parole no later than October 28, 2013. On November 18, 2013, specifically referencing the court of appeals' remand order, the district court therefore ordered the immediate termination of Ankeney's parole.
¶ 8 In the absence of initial jurisdiction residing in the court of appeals in matters concerning writs of habeas corpus, see § 13-4-102(1)(e), C.R.S. (2014), the department appealed directly to this court, challenging the district court's determination of the date upon which Ankeney's release from prison was mandated by statute and its resulting order of immediate release.
¶ 9 As we have recounted in greater detail elsewhere, see, e.g., People v. Norton, 63 P.3d 339, 343 (Colo.2003); People v. Luther, 58 P.3d 1013, 1015 (Colo.2002); Martin v. People, 27 P.3d 846, 864-66 (Colo.2001); Thiret v. Kautzky, 792 P.2d 801, 803-05 (Colo.1990), the nature of criminal sentencing in this jurisdiction, including the treatment of parole supervision, has undergone several dramatic changes in philosophy since the late 1970s. Until 1979, criminal courts were required to sentence convicted felons to an indeterminate term with fixed minimum and maximum limits, leaving to the parole board tremendous discretion within that range to determine whether, when, and for how long to release an inmate to parole. In a sentencing scheme of that nature, parole effectively amounted to nothing more than an alternate method of serving a sentence to incarceration. Craig v. People, 986 P.2d 951, 958 n.3 (Colo.1999). In 1979, the legislature enacted what we have
¶ 10 Despite some relatively minor alterations, that sentencing system essentially remained in effect until mid-1985, when the legislature enacted what we have referred to as a "modified determinate sentencing system," restoring discretion to the parole board to determine whether, when, and for how long to release an offender to parole, within a range extending from the date upon which the offender became eligible for parole until the date upon which he had fully discharged his sentence. See id.; Renneke v. Kautzky, 782 P.2d 343, 346 (Colo.1989). Finally, in 1993, the legislature fundamentally altered the sentencing scheme once again, this time leaving discretion with the parole board to determine whether to release an offender to parole sometime before his release would have been required but imposing statutorily prescribed periods of parole for most classes of offenders, which parole terms became a separate component of the sentence, to be fully served whether the offender had already completed his full term of incarceration or not. See Norton, 63 P.3d at 343; see also § 18-1.3-401(1)(a)(V)(D), C.R.S. (2014) ("When an offender is released by the state board of parole or released because the offender's sentence was discharged pursuant to law, the mandatory period of parole shall be served by such offender.").
¶ 11 Over a similar period, the legislature enacted substantial, although not always directly corresponding, changes to the statutes prescribing the calculation of both parole eligibility and ultimate discharge dates. For crimes committed before July 1, 1979, the statutory scheme provided for credit against an indeterminate sentence to account for good time, and what we came to refer to as "trusty time" and "meritorious time." See §§ 17-22.5-201 to -203, C.R.S. (2014); Thiret, 792 P.2d at 804. For crimes committed on or after July 1, 1979, the statutory scheme provided for good time and earned time to be deducted from an inmate's sentence, see §§ 17-22.5-301 to -307, C.R.S. (2014), and eventually allowed additional credit for making positive progress in the correctional literacy and education programs, § 17-22.5-302(1.5). In a series of cases, we explained that the good time credits provided by section 301 and earned time credits provided by section 302(1) were not to be treated as the actual service of a sentence but merely served to reduce the term before the completion of which an inmate would not be eligible for parole. Jones v. Martinez, 799 P.2d 385, 387 (Colo.1990); Thiret, 792 P.2d at 805; Bynum v. Kautzky, 784 P.2d 735, 738-39 (Colo.1989); Renneke, 782 P.2d at 345.
¶ 12 In 1990, however, the legislature added an entirely new statutory scheme for parole eligibility and discharge from custody contained in part 4 of title 17, article 22.5, expressly making it applicable to all those offenders sentenced for crimes committed on or after July 1, 1979, other than those expressly excluded, see § 17-22.5-406(1), C.R.S. (2014). Of particular note, the new statutory scheme abandoned the concept of good time altogether, Martin, 27 P.3d at 850 (explaining that part 4 "remov[ed] the concept of good time"),
¶ 13 The rationale advanced by Ankeney for concluding that he had not only passed his mandatory release date but had in fact also been unlawfully confined beyond that date for a period sufficiently long to also satisfy the parole component of his sentence
¶ 14 With regard to the court of appeals' holding that Ankeney was subject to a "mandatory system of parole," which that court found to be dispositive of the question whether an inmate is entitled to the application of good time and earned time credits toward establishing his mandatory release date, the appellate court simply misread our applicable jurisprudence. We have consistently held that the good time credits awardable by section 17-22.5-301 and the earned time credits awardable by section 17-22.5-302(1), the specific statutory credits at issue in our applicable holdings, do not constitute the service of an inmate's sentence but rather have significance only for calculating his eligibility for release to parole. Jones, 799 P.2d at 387; Thiret, 792 P.2d at 805; Bynum, 784 P.2d at 738-39; Renneke, 782 P.2d at 345. With regard to the particular determinate sentencing system governing crimes committed between mid-1979 and mid-1985, however, we have also observed that the lack of parole board discretion to decide when to release an inmate to parole has the necessary effect of rendering identical an inmate's mandatory release and parole eligibility dates. See Thiret, 792 P.2d at 805. We have characterized that sentencing system as including a "mandatory parole scheme" for the reason that it bars an inmate's release from incarceration except to mandatory parole and, upon his becoming eligible, the parole board lacks the discretion to deny his release. See id. at 804-05. Contrary to the court of appeals' understanding, we have never suggested, and it is clearly not the case, that this same equivalence of parole and mandatory release dates applies with regard to every parole scheme to which the term "mandatory parole scheme" might fairly be applied, or that the good and earned time credits awardable by sections 301 and 302(1) have ever been construed to apply to the calculation of an inmate's mandatory release date, except to the extent that his mandatory release date necessarily coincides with his parole eligibility date.
¶ 15 The 1993 amendments to the sentencing statutes have been characterized as including a "mandatory parole scheme" or "mandatory parole" only in the sense that for many defendants convicted of committing felonies after that date, a specific, statutorily mandated period of parole attaches as a separate component of their sentences. See Badger v. Suthers, 985 P.2d 1042, 1043 n.1 (Colo.1999) ("It is important to distinguish between `mandatory parole' as used in the sense that an offender must be released or placed on parole upon expiration of a sentence less good time and earned time deductions... and `mandatory period of parole' meaning a period of parole that an offender must serve following his or her discharge from imprisonment." (citations omitted)). Under this sentencing scheme, the parole board retains the discretion to release, or not to release, an offender anytime between the date upon which he becomes eligible for parole and the date upon which he must, by statute, be released from incarceration to begin serving his statutorily mandated period of parole. In light of this discretion retained by the parole board, an inmate's parole eligibility date and his mandatory release date are not rendered identical, as in the mid-1979 through mid-1985 sentencing scheme, and therefore a credit against the inmate's parole eligibility date will not similarly impact his mandatory release date. See Thiret, 792 P.2d at 805.
¶ 16 Apart from the court of appeals' rationale concerning mandatory parole schemes, Ankeney argues more straightforwardly that a proper construction of the language of sections 301 and 302 itself requires the conclusion that the credits allowed by those provisions apply to a determination of his mandatory release date. While Ankeney's reasoning is not without color, the proper construction of part 3 in this regard has been resolved for almost a quarter of a century, and we see nothing in Ankeney's argument to cause us to revisit that resolution. At least by the time of our decision in Thiret, we made clear that the complex of applicable sentencing statutes and the sequence of their amendments required an interpretation of the good and earned time provisions of part 3 as applying only to the
¶ 17 Unlike the good time credits allowed by section 17-22.5-301 and the earned time credits allowed by section 17-22.5-302(1), we have arguably never had occasion to separately address the impact on mandatory release, of the so-called "education earned time credits" allowed by section 17-22.5-302(1.5).
¶ 18 Part 4 of article 22.5 became effective on June 7, 1990. By its own terms, it was made applicable to all those offenders whose crimes were committed on or after July 1, 1979, except those expressly excluded. § 17-22.5-406. Among other express exclusions, see, e.g., § 17-22.5-406(1)(e) (excluding inmates incarcerated prior to June 7, 1990 who had not accrued any earned time prior to
¶ 19 Part 4 establishes entirely new methodologies for determining parole eligibility and discharge from custody. The new formula for determining the former makes an applicable offender eligible for parole after serving fifty percent of the sentence imposed on him, less any time authorized for earned time granted pursuant to section 405. § 17-22.5-403(1).
¶ 20 Part 4 therefore unambiguously prescribes formulae for the parole eligibility and mandatory discharge of those inmates to whom the part applies, taking into account nothing more than the sentence imposed on them, or a percentage thereof, and the reductions specified in section 405. These formulae do not allow for any reduction of the sentence imposed to account for credits otherwise awardable, including even credits already awarded pursuant to part 3. While disadvantaging inmates by depriving them of credit that had already vested could very well implicate constitutional prohibitions against retrospective legislation, it is clear from the face of the applicable statutory provisions themselves that part 4 was designed to provide inmates already serving sentences at the time of its enactment with equally, if not more, advantageous benefits. With regard to parole eligibility, part 4 automatically reduces the term imposed on an offender to the same extent that he could possibly have been awarded good time credits under part 3.
¶ 21 In short, parts 3 and 4 prescribe separate and distinct methodologies for determining parole eligibility and discharge
¶ 22 Neither party has asserted or offered any construction according to which the release of Ankeney, an offender incarcerated after June 7, 1990 for a crime committed after July 1, 1979, was not governed by part 4. Quite the contrary, Ankeney's theory of immediate release is contingent upon his sentence having been reduced according to section 402. By the same token, there is no suggestion that less than all of the earned time permitted by section 405, which includes credit for positive progress in the literacy corrections program or the correctional education program, was applied against Ankeney's discharge date. However much, and to whatever effect, education earned time may be awarded pursuant to section 302(1.5) to an offender whose release is not governed by part 4, it clearly could not, therefore, have been awarded to Ankeney or further reduced his sentence in accordance with the formula of section 402.
¶ 23 Because the lower courts erroneously concluded that for inmates convicted of crimes committed after July 1, 1993, good time credits awardable by section 17-22.5-301 are to be applied against an inmate's mandatory release date rather than merely to determine his parole eligibility; and because a proper application of the statutory deductions from his sentence to which Ankeney is entitled demonstrates that he has not completed service of his required term of parole, the judgment of the district court is reversed.